Court : Allahabad
Decided on : Oct-24-2003
Reported in : 2004(1)AWC214
s.u. khan, j.1. this is tenant's writ petition arising out of eviction/release proceedings initiated by landlady respondent no. 1 under section 21 of u.p. act no. 13 of 1972 against the petitioner.2. property in dispute is a shop. the landlady initially pleaded that after the death of her husband (which occurred about ..... appellate court that the said grandsons are aged about 20 to 23 years and are not doing any job. grandsons are included in the definition of the family given in section 3(g)(ii) (male lineal descendants). with regard to paralytic stroke, the landlady stated that she had recovered and was capable of doing normal physical work.4. it ..... , 1981) and is even denying his liability to pay the rent, disentitles him to seek the discretionary relief by invoking writ jurisdiction of the high court. such conduct acts as a bar against exercise of writ jurisdiction. if the writ petition is allowed, it would mean that the tenant petitioner would be entitled to continue in possession without .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-13-2003
Reported in : 2004CriLJ1560
..... chairman of town area safipur in the year 1995 and remained as such up to the year 2000.4. it comes out from the pleadings that a criminal case under sections 302/307, i.p.c. was registered against the petitioner of an incident, which had taken place in the year 1977 and of which in sessions trial the petitioner was .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-07-2003
Reported in : 2003(1)AWC521b
..... contained in any other regulation, an employee who commits a breach of duty enjoined upon him or has been convicted for criminal offence or an offence under section 103 of the act or does anything prohibited by these regulations shall be liable to be punished by any one of the following penalties : (a) censure ;(b) withholding of ..... the consequences that if he failed to submit his explanation, proceedings would follow as the conduct of the petitioner was one punishable under section 103 (1) and (2) of the u. p. co-operative societies act and regulation 84 (f) of the u. p. co-operative societies employees' service regulations, 1975 (hereinafter referred to as service ..... of hearing and the impugned order preceded the reply and it was passed without considering the explanation submitted by the petitioner. in this regard. section 103 (i) and (ii) may be referred to. this section deals with the nature of offences and penalties therefor. the impugned order too calls in aid the provisions of .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-27-2003
Reported in : 2003(3)AWC2119; [2003(97)FLR1055]; (2003)2UPLBEC1285
..... that they had been in service for not less than six years continuously and their services had been terminated in violation of provisions of section 6n of the industrial disputes act, 1947 (hereinafter called act, 1947) and they had worked for 240 days in a calendar year counting backward from the date of termination and also claimed regularization after ..... they have been appointed illegally by a person having no authority to appoint and their termination after the completion of the work did not attract the provisions of section 6n of the act, 1947.3. in view of the pleadings, the parties were permitted to lead evidence, and after considering the same, the labour court came to the ..... case, the contract of service becomes enforceable and inexecutable.22. if the view contrary, to the above is accepted or it is accepted that provisions of section 25j of the act would over-ride the mandate of the constitution also, it will take away the powers of the high court to issue a writ of quo warranto, .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-10-2003
Reported in : 2003(3)ARBLR653(All); (2003)3UPLBEC2577
..... any disciplinary action leading to the dismissal or removal from service shall be referred for arbitration. 9. secondly in this connection it is relevant to refer to section 16 of the aforesaid act. it reads as follows : '(16) competence of arbitral tribunal to rule on its jurisdiction : (1) the arbitral tribunal may rule on its own ..... by the committee of management first and thereafter the arbitral tribunal shall decide the dispute. aggrieved against the aforesaid order present appeal from the order under section 37 of the aforesaid act has been filed. 4. heard learned counsel for the parties and perused the record. 5. the court below was of the view that the ..... . 1 are proved. consequently he awarded termination of respondent's services. the said order was challenged by the respondent no. 1 by invoking section 34 of the arbitration and conciliation act, 1996 before the court below. the court below by order under appeal, has set aside the award and remanded the matter for fresh consideration .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-15-2003
Reported in : 2004(1)AWC69
..... case, it was found by labour court that termination of petitioner's services would come within the purview of retrenchment notwithstanding the provision of clause (bb) of section 2(oo) of the central act. a special leave petition no. 6568-6570 of 2001 from the above judgment and other connected cases was dismissed by supreme court on 29.4.2001, by ..... 7.1996 the labour court decided the reference in her favour. it was found that petitioner's services were illegally terminated in violation of section 6n of the u.p. industrial disputes act, 1947 (in short, the act). the corporation was directed to reinstate her in service and to pay to her rs. 1,200 per month for the period she ..... the award, except for the brief period between 12.4.2001 and 29.4.2001, when the special leave petition was pending in supreme court. petitioner applied under section 6h (1) of the act for recovery under the award. aggrieved against the recovery certificates of rs. 35,040, rs. 26,280 and thereafter rs. 78.784, under .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-08-2003
Reported in : [2004]134STC436(All)
..... respect of his purchases within the state. hence there can be no doubt that intra-state purchases made by the petitioner can be subjected to tax under the act.22. section 8-e is only a convenient method of collecting tax which the legislature thought may otherwise would have been evaded.23. in west u.p. sugar mills association v. state ..... turnover of sales or purchases or both, as the case may be which shall be determined in such manner as may be prescribed.'21. it may be noticed that section 3 of the act imposes tax on not only sales but also on purchases. since the petitioner is purchasing the goods from the farmers/agriculturists, and he is a dealer within the ..... the vehicle was informed about it on july 9, 2001 by the notice dated july 8, 2001, annexure 2 to the writ petition, which has been issued under section 8-e of the act. a perusal of the said notice shows that the detention has been made because the petitioner has not deducted the tax from the sellers/ agriculturists and has not .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-09-2003
Reported in : 2004(1)AWC876
..... sons of amar nath.318 shri pal son of mahadeo, thereafter ram pratap and bhagwan din sons of shripal. 4. various objections were filed under section 9 of the u. p. consolidation of holdings act regarding three khatas. with regard to khata no. 8 objection was filed by ram bodh and basudeo claiming half share in the khata. objections were ..... tejna having claimed right as widow before date of vesting petitioners will be entitled to succeed smt. tejna in accordance with the provisions of sections 171 and 172 of the u. p. zamindari abolition and land reforms act, after the death of smt. tejna.12. the claim of petitioners with regard to khata no. 121 has also to be accepted in ..... shall be deemed to be admitted to the occupation of a holding within the meaning of his section.'15. section 48 of the oudh rent act, 1886 deals with the right of the heir of a deceased tenant. section 48 of the act is quoted below :'48. rights of the heir of a deceased tenant.--(1) when a statutory tenant dies, his heir .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-07-2003
Reported in : AIR2003All230; 2003(2)AWC1011; (2003)1UPLBEC718
..... or maintaining the health, safety and convenience of the inhabitants of the rural area of the district and for the furtherance of the administration of this act. sub-section (2) of section 239 enumerates various subjects upon which bye-laws can be framed.10. the question with regard to distinction between a fee and tax has been subject ..... made aware about any proceedings for framing of bye-laws by the zila panchayat, agra. these bye-laws were never published as required by section 239 read with sub-section (2) of section 242 of the act, while previous publication is mandatory. in paragraph 17 of the writ petition, it has been mentioned that the fee which is being sought ..... s not given the details of any special services provided to the persons from whom the fee was realised. the power to impose tax under the act has been given under section 123. it also provides that a preliminary proposal for imposition of tax shall be framed which shall be passed by a special resolution. the zila panchayat .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-11-2003
Reported in : (2004)2UPLBEC1743
..... of deployment of petitioner's father on 20.7.1998 and final report was submitted on 16.2.1999 indicating that the allegations in respect of sections 420/467/468/471 ipc are not proved against the petitioner. however, final report was admitted by the judicial magistrate, jhansi ex parte on non ..... criteria, deficiency in qualification, admission to a course or benefits/gains in any form procured by foul means, non-observance of other provisions or requirements of relevant act, rules, regulations, bye-laws, norms, government orders, official memorandum, legal established pattern, (as some examples out of many more variety of defects) then selected ..... or at subsequent stage that illegalities, irregularities, improprieties, procedural infirmities and deficiencies and defects have occurred, forgery or foul-play adopted or non-observance of act, rules, norms were made in process then the beneficiary candidate, who has become output and product of such defective and bad selection or outcome of .....
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